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Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government.
Dual federalism holds that the federal government and the state governments are co-equals, each sovereign. However, since the Civil War Era, the national courts often interpret the federal government as the final judge of its own powers under dual federalism.
Dual federalism had a significant impact on social issues in the United States. Dred Scott v. Sanford was an example of how Taney's dual federalism helped stir up tensions eventually leading to the outbreak of the Civil War. Another example of dual federalism's social impact was in the Plessy v. Ferguson ruling. Dual federalism had set up that ...
Dualism in terms of politics, refers to specific political concepts that are related to the functional or structural duality of a particular political system.In some states, functional dualism is manifested through the division of power between the two main branches of government (legislative and executive).
In the modern era Federalism was first adopted by a union of the states of the Old Swiss Confederacy [2] as of the mid-14th century. Federalism differs from confederalism, where the central government is created subordinate to the regional states—and is notable for its regional-separation of governing powers, (e.g., the Articles of ...
As explained in United States v. Lopez , 514 U.S. 549 (1995), "For nearly a century thereafter [that is, after Gibbons ], the Court's Commerce Clause decisions dealt but rarely with the extent of Congress' power, and almost entirely with the Commerce Clause as a limit on state legislation that discriminated against interstate commerce."
Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province. These powers may be exercised simultaneously within the same territory, in relation to the same body of citizens, and regarding the same subject-matter. [1]
Federalist No. 2 was one of the early papers that addressed the issue of political union between the states that would persist throughout the Federalist Papers. It took an approach beyond the standard arguments of security and economics, arguing that Americans are a single ethnic group with shared ancestors, language, philosophy, and customs. [5]